Powai township: No relief for Hiranandani Developers

The Supreme Court has allowed the Mumbai-based Hiranandani Developers to withdraw its plea against a Bombay High Court order, which restrained the company from further developing a piece of land in the city suburb Powai. The High Court had earlier stopped the construction till the company provided flats for people from economically weaker sections. In an order on Friday, a Bench comprising Justice H L Dattu and Justice C K Prasad, “After arguing the matter for quite some time, learned senior counsel, (Mukul) Rohatgi, requests the court to permit him to withdraw the petitions.” “Permission sought for is granted. Petitions are disposed of as withdrawn,” the apex court said. The apex court had earlier indicated that at this stage it cannot interfere with the Bombay High Court order. The High Court had observed that according to an agreement between the State Government, the Mumbai Metropolitan Region Development Authority (MMRDA) and the original land owners, the development of 230-acre plot under 'Powai Area Development Scheme' was for affordable houses of 400 and 800 square feet. The agreement also had a provision for building affordable houses for the poor. Public Interest Litigations alleged violation this clause in the pact, adding that the company circumvented this norm by amalgamating such smaller flats or selling adjoining flats to different members of the same family from affluent classes. However, the High Court directed the company not to construct any further “in remainder of the plot before specifying vacant land and buildings that can be constructed.” Asking the company to build 1,511 flats of 40 sq m area each and 1,593 flats of 80 sq m area each without amalgamating, the High Court had said that no two flats should be sold to the same person or two members of the same family.

source: http://www.realtyplusmag.com/rpnewsletter/fullstory.asp?news_id=19580&cat_id=1